John D. Puchner v. Eric J. Severson
| JOHN D. PUCHNER |
| ERIC J. SEVERSON |
| 24-1045 |
| January 11, 2024 |
| U.S. Court of Appeals, Seventh Circuit |
| Habeas Corpus |
Docket Report
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| Filing 14 Emergency motion filed by Appellant John D. Puchner for stay: stunning new evidence. [14] [7367953] [24-1045]--[Edited 03/04/2024 by CG to reflect portion of filing locked.] (DAB) [Entered: 03/04/2024 03:34 PM] |
Filing 13
ORDER: Rule 4(a) of the Federal Rules of Appellate Procedure requires that a notice of appeal in a civil case be filed in the district court within 30 days of the entry of the judgment or order appealed. In this case judgment was entered on January 9, 2024, and the notice of appeal was filed on February 27, 2024, over two weeks late. The district court has not granted an extension of the appeal period, see Fed. R. App. P. 4(a)(5), and this court is not empowered to do so, see Fed. R. App. P. 26(b). Accordingly, the appellant shall file, on or before March 15, 2024, a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction. The memorandum should also address whether any of appellants filings can be construed as a notice of appeal, such as his Jurisdiction Statement and Docketing Statement filed on February 1, 2024, in Appeal No. 24-1045, or his motion to proceed in forma pauperis filed on February 2, 2024, in the district court. See Smith v. Barry, 502 U.S. 244, 24849 (1992). A motion for voluntary dismissal pursuant to Fed. R. App. P. 42(b) will satisfy this requirement. If appellant wishes to request an extension of time in which to file the notice of appeal, he should file an appropriate motion in the district court, not this court, as soon as possible. Appellants jurisdictional memorandum should include a discussion of the status of any such motion. [7367614] JXK [13] [7367614] [24-1310] (CG) [Entered: 03/01/2024 12:49 PM]
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| Filing 12 Prose motion filed by Appellant John D. Puchner to proceed on appeal in forma pauperis. [12] [7366688] [24-1045] (CAG) [Entered: 02/26/2024 03:58 PM] |
| Filing 11 Filed letter from Appellant John D. Puchner. [11] [7365501] [24-1045] (DAB) [Entered: 02/20/2024 03:36 PM] |
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Filing 10
ORDER re: The paper filed by appellant John Puchner on February 1, 2024, IT IS ORDERED that appellant Puchner file, on or before February 26, 2024, a statement explicitly advising this court whether appellant Puchner will file a new notice of appeal from the judgment entered by the district court on January 9, 2024.. DW [10] [7364031] [24-1045] (ER) [Entered: 02/12/2024 03:56 PM]
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| Filing 9 Filed District Court order DENYING Appellant John D. Puchner leave to proceed on appeal in forma pauperis. Date IFP denied: 02/06/2024. Issued Circuit Rule 3(b) 30 day notice for failure to pay the docketing fee. Fee or IFP forms due on 03/07/2024 for Appellant John D. Puchner [7362953] [9] [7362953] [24-1045] (AP) [Entered: 02/06/2024 02:49 PM] |
| Filing 8 Filed Seventh Circuit Transcript Information Sheet by Appellant John D. Puchner. [8] [7362062] [24-1045] (CAH) [Entered: 02/01/2024 02:42 PM] |
| Filing 7 Jurisdictional memorandum and docketing statement filed by Appellant John D. Puchner. Prior or related cases: yes, 23-3153. [7] [7362061] [24-1045] (CAH) [Entered: 02/01/2024 02:42 PM] |
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Filing 6
ORDER issued TRANSFERRING the motion for leave to appeal in forma pauperis on appeal to the clerk of the District Court for ruling in the first instance. JR [6] [7361426] [24-1045] (CG) [Entered: 01/29/2024 04:08 PM]
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| Filing 5 Prose motion filed by Appellant John D. Puchner to proceed on appeal in forma pauperis. [5] [7361423] [24-1045] (KRA) [Entered: 01/29/2024 03:47 PM] |
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Filing 4
ORDER: Appellant John D. Puchner is directed to file the overdue Docketing Statement within 14 days from the date of this Rule to Show Cause. Docketing statement response due for Appellant John D. Puchner by 02/09/2024. Sent Certified Mail. Receipt Number: 7022 0410 0003 3396 4523. [4] [7360887] [24-1045] (AD) [Entered: 01/26/2024 08:51 AM]
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Filing 3
ORDER: Appellant John Puchner shall file, on or before January 31, 2024, a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction because a vacated order is not reviewable. A motion for voluntary dismissal pursuant to Fed. R. App. P. 42(b) will satisfy this requirement. Briefing shall be suspended pending further court order. Appellant John Puchner shall file, on or before January 31, 2024, a statement advising the court whether he will appeal the district courts judgment of January 9, 2024, dismissing his case. (See order for further details) [7359134] DW [3] [7359134] [24-1045] (CG) [Entered: 01/17/2024 12:48 PM]
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| Filing 2 This is notification that no appellee(s) or counsel for the appellee(s) were served in the District Court. [2] [7358574] (Note: The Office of the WI Attorney General has been notified of the filing of the appeal.) [24-1045] (AD) [Entered: 01/12/2024 04:02 PM] |
| Filing 1 State prisoner's habeas corpus case docketed. Certificate of Appealability denied 1/08/2024. Fee due. Docketing Statement due for Appellant John D. Puchner by 01/17/2024. Fee or IFP forms due on 01/25/2024 for Appellant John D. Puchner. Transcript information sheet due by 01/25/2024. [1] [7358567] [24-1045]--[Edited 01/12/2024 by JR to note an initial certificate of appealability was denied.] (AD) [Entered: 01/12/2024 03:55 PM] |
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| Petitioner: JOHN D. PUCHNER | |
| Represented By: | John D. Puchner |
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| Respondent: ERIC J. SEVERSON | |
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